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§ 36-505. Activities of wireless providers within right-of-way

Oklahoma Statutes AnnotatedTitle 11. Cities and TownsEffective: November 1, 2018

Oklahoma Statutes Annotated
Title 11. Cities and Towns (Refs & Annos)
Chapter 1. Municipal Code (Refs & Annos)
Municipal Departments and Services
Article XXXVI. Roads and Streets
Part 5. Wireless Facilities
Effective: November 1, 2018
11 Okl.St.Ann. § 36-505
§ 36-505. Activities of wireless providers within right-of-way
Currentness
A. The provisions of this section shall apply to activities of the wireless provider within the right-of-way.
B. A person owning, managing or controlling authority poles in the right-of-way may not enter into an exclusive arrangement with any person for the right to attach to such poles. A person who purchases or otherwise acquires an authority pole is subject to the requirements of this section.
C. An authority shall allow the collocation of small wireless facilities on authority poles subject to the application process in Section 4 of this act1 and the make-ready process in this section. The rates, fees and terms for such collocations shall be nondiscriminatory regardless of the services provided by the collocating person, comply with this act and be made available to wireless providers under Section 10 of this act.2
D. The rates, fees and terms and conditions for the make-ready work to collocate on an authority pole described in the application shall be nondiscriminatory, competitively neutral and commercially reasonable and must comply with this act.3 The authority may perform the make-ready work necessary to enable the pole to support the requested collocation by a wireless provider or require the wireless provider to perform the make-ready work. If the authority elects to perform the make-ready work, it shall provide a good-faith estimate for the work, including pole replacement if necessary, within sixty (60) days after receipt of a complete application. The authority shall complete any make-ready work it elects to perform, including any pole replacement, within sixty (60) days of written acceptance of the good-faith estimate by the applicant. An authority may require replacement of the authority pole only if it demonstrates that the collocation would make the authority pole structurally unsound. The authority may require that the replaced authority pole have the same functionality as the pole being replaced. If the authority pole is replaced, the authority shall take ownership of the new pole and operate authority fixtures on the pole.
The person owning, managing or controlling the authority pole shall not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work shall not include costs related to preexisting or prior damage or noncompliance. Fees for make-ready work including any pole replacement shall be reasonable and nondiscriminatory and shall not exceed actual costs, which may include the amount the authority pays a professional engineer registered in Oklahoma to review the wireless provider's make-ready work plans.
E. A wireless provider shall comply with the following requirements and specifications:
1. Requirements and specifications of the National Electrical Safety Code, the National Electrical Code and the Occupational Safety and Health Act,4 including amendments or revisions to such requirements or specifications, and in the event of conflict, the most stringent of such requirements and specifications;
2. Requirements and specifications of general application adopted by the authority that do not conflict with this act, including requirements and specifications that concern how equipment shall be attached to electric distribution poles so they may be climbed safely; and
3. Notwithstanding subsection D of this section, requirements and specifications of general application adopted by the authority concerning make-ready work for authority electric distribution poles.

Credits

Laws 2018, c. 140, § 5, eff. Nov. 1, 2018.

Footnotes

1
Title 11, § 36-504.
2
Title 11, § 36-510.
3
Title 11, § 36-501 et seq.
4
29 U.S.C.A. § 651 et seq.
11 Okl. St. Ann. § 36-505, OK ST T. 11 § 36-505
Current with emergency effective legislation through Chapter 1 of the First Regular Session of the 59th Legislature (2023). Some sections may be more current, see credits for details.
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